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HIGH COURT OF JAMMU AND KASHMIR
CHANCHAL SINGH – Appellant
Versus
PARDEEP SINGH AND ORS – Respondent
| Table of Content |
|---|
| 1. s.145 crpc proceedings initiated for breach of peace. (Para 1 , 9) |
| 2. adm correctly revoked attachment; civil orders affirm possession. (Para 2 , 3 , 4 , 5) |
| 3. adm failed to assess evidence and decide possession. (Para 6 , 7) |
| 4. adm order unreasoned, ignoring evidence; remittal proper. (Para 10 , 11 , 12) |
| 5. revisional order lawful; petition dismissed. (Para 13 , 14 , 15) |
JUDGMENT :
M A CHOWDHARY, J.
1. Petitioner, invoking the inherent jurisdiction of this court under Sections 561-A of J&K CrPC (akin to Sections 482 of CrPC and 528 of BNSS) seeks quashing of order dated 28.01.2019, passed by the Court of ld. 1st Additional Sessions Judge, Jammu (hereinafter called ‘Revisional Court’) in Criminal Revision No.146 titled ‘Hans Raj V. Chanchal Singh’ whereby the Revision was allowed and the order dated 11.10.2018 passed by the learned Additional District Magistrate (ADM), Jammu on an application under Section 145 CrPC initiated by the respondent – Hans Raj, had been set-aside, allegedly being totally illegal and contrary to the settled position of law.
2. The impugned order has been challenged and assailed on the grounds, that the same was passed against law and facts of th
Magistrate must pass reasoned order under CrPC Section 145 considering parties' evidence before withdrawing land attachment; unreasoned order set aside on revision with remand for fresh findings.
An order of attachment under Section 146(1) Cr.PC requires proof of likelihood of breach of peace and determination of possession, which was not established in this case.
The judgment establishes the importance of adhering to the procedural requirements of Sections 145(1) and 146(1) of the Cr.P.C., emphasizing the need for separate orders and the Executive Magistrate'....
The court emphasized that attachment orders under emergency provisions must be backed by compelling evidence of imminent danger to public peace, otherwise it constitutes a misuse of legal process.
Point of Law : Section 145 of Code concerned with restoration of possession and prevention of breach of peace and tranquillity.
Parallel proceedings under Section 145 Cr.P.C. are impermissible when a civil suit regarding the same property is pending, as the civil court's decisions on title and possession are binding.
When dispute with regard to same subject property is pending in a civil court, parallel proceedings under Section 145 Cr.P.C. are not maintainable before Executive Magistrate.
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